Chip Merlin | Property Insurance Coverage Law Blog | February 11, 2019 Merlin Law Group knowledge manager Ruck DeMinico sent me recent North Dakota legislation pertaining to Assignment of Benefit contacts. This topic was also hotly debated two weeks ago at the Windstorm Insurance Conference in Orlando. Insurance restoration contractors, their lobbyists and attorneys are desperately trying to prevent any… Continue reading Assignment of Benefits Contracts are the Hot Topic of Discussion and Legislation in Florida, North Dakota and Elsewhere
Month: February 2019
Policyholder Wins Bad Faith Claim Despite Insurer Paying Nearly All It Owed
Kenneth Gorenberg | Barnes & Thornburg LLP | February 4, 2019 Can an insurance company be held liable for bad faith if it had a bona fide dispute with the policyholder over the extent of coverage in Illinois? Generally, it will not. However, a recent decision shows that delays in the claim and payment process… Continue reading Policyholder Wins Bad Faith Claim Despite Insurer Paying Nearly All It Owed
A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law
Garret Murai | California Construction Law Blog | February 11, 2019 The next case, JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District, 2nd District Court of Appeal, Case No. B284068 (December 17, 2018), provides an interesting behind-the-scenes look at substitution hearings under the Subletting and Subcontracting Fair Practices Act. The Subletting… Continue reading A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law
Supreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability
Justin Fortescue | White and Williams LLP | January 9, 2019 In newly appointed Supreme Court Justice Brett Kavanaugh’s first opinion, the United States Supreme Court held that the “wholly groundless” exception to arbitrability, which some federal courts had relied on as justification to decide questions of arbitrability over the express terms of a contract,… Continue reading Supreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability
Ohio Supreme Court Narrows Coverage for Construction Defect Claims
Arnanda M. Leffler and Anastasia J. Wade | Brouse McDowell | February 10, 2019 On October 9, 2018, the Ohio Supreme Court issued its long-awaited decision in Ohio Northern Univ. v. Charles Constr. Servs., 2018-Ohio-4057, holding that a general contractor was not entitled to insurance coverage for its subcontractor’s faulty work. Since then, some commentators have… Continue reading Ohio Supreme Court Narrows Coverage for Construction Defect Claims